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Debate over Baltimore County code clouds Madigan’s reappointment as inspector general

Baltimore County Inspector General Kelly Madigan addresses the Baltimore County Council during a hearing on two bills proposed to enshrine her office in the county’s charter and remove a waiting period to subpoena nongovernment records Nov. 28, 2023. (Taylor DeVille/The Baltimore Banner)
Taylor DeVille
/
The Baltimore Banner
Baltimore County Inspector General Kelly Madigan addresses the Baltimore County Council during a hearing on two bills proposed to enshrine her office in the county’s charter and remove a waiting period to subpoena nongovernment records Nov. 28, 2023.

Two weeks after Baltimore County Inspector General Kelly Madigan was told she would have to reapply for her job, questions remain as to why.

In a May 12 letter to Madigan, County Executive Kathy Klausmeier said that it’s the county code that requires her to open up the process for hiring an inspector general rather than reappoint Madigan.

A spokeswoman for Klausmeier said the executive did not feel the need to request legal advice from County Attorney James Benjamin about the code.

David Plymyer, a former Anne Arundel County Attorney, said Baltimore County’s code is clear.

“The county executive has the authority, if she wishes to do so, to reappoint Kelly Madigan to a second term as inspector general without going through the so-called open search process,” Plymyer said.

He added, “What troubles me is I think the county executive and her staff are hiding behind ambiguity.”

Neither Klausmeier nor County Attorney Benjamin was made available for comment.

Plymyer said he sent a letter to members of the county council, encouraging them to request legal guidance from Benjamin.

Six out of seven council members say they would like to see Madigan reappointed and while Klausmeier nominates the inspector general the council has the power of confirmation.

Plymyer said, “If six out of seven of them believe that she (Klausmeier) is doing the wrong thing, then step up and take measures to press her to get her to do the right thing.”

Councilman Izzy Patoka, a Democrat, said while he is not an expert on the code, it’s about employee retention.

“Just do the right thing and retain your strong employees,” Patoka said. “I think Ms. Madigan has demonstrated that she is a very good employee who does her job very well.”

Patoka added, “I reject the notion that the code stipulates one way or the other. I think this boils down to let’s do the correct action.”

Madigan has been the county’s inspector general for more than five years. She has filed dozens of reports targeting waste, fraud abuse in the county.

Patoka intends to propose a charter amendment, which would be on the 2026 ballot, that would take the selection of the inspector general out of the hands of the county executive and instead leave it to an independent advisory board, similar to the setup in Baltimore City.

“It takes the politics out of it,” Patoka said.

John Lee is a reporter for WYPR covering Baltimore County. @JohnWesleyLee2
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